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1982 Supreme(Mad) 178

P.A.CHOUDHARY, PUNNAYYA
Ashok Thadani – Appellant
Versus
Ramesh K. Advani – Respondent


Advocates Appeared:
T. Bali Reddi, for Petitioner.
Challa Sitaramayya and Public Prosecutor, for Respondents.

JUDGMENT:

Punnayya, J.-

The first respondent filed a petition, Crl.M.P. No. 10 of 1982 before the Judicial First Class Magistrate, Gandhidham, Kutch, alleging that his wife, Usha Advani and daughter Shilpa, were under wrongful confinement of the petitioner, Ashok Thadani at Vijayawada, where he was carrying on business and they should therefore, be produced before the Magistrate and he prayed for the issuance of search warrant under Section 97, Criminal Procedure Code. The Magistrate issued warrant and deputed the Head Constable, respondent No. 2 and the constable, respondent No. 3 of Gandhidham Police Station to execute the warrant and to produce Usha Advani and Shilpa before him. Accordingly respondents 2 and 3 came to Vijayawada and took custody of Usha Advani and Shilpa Advani and brought them to Secunderabad Railway Station to board the train, Minar Express at Secunderabad. The petitioner from whose custody Usha Advani and Shilpa were taken away by respondents 2 and 3, filed this writ petition under Article 226 of the Constitution for the issuance of a writ of hah as corpus directing the first respondent, who is the husband of Usha Advani and respondents 2 and 3 to produce Usha






























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